Social media ban possible in South Africa
Digital law expert Emma Sadleir noted that banning teens from Social media is possible in South Africa, with her company busying drafting a bill, but admits that enforcement will be the biggest challenge.
Australia is set to ban under-16s from using social media from December unless platforms can verify users’ ages.
Sadleir, founder of The Digital Law Company, explained that they introduced the law at the end of last year, with an effective date of 10 December this year, to give tech companies a year to figure out how they will comply.
She believes the law is legally sound but admits it will be hard to implement. “From a big-picture point of view, I’m delighted,” she said.
“The idea that the age of internet adulthood should be 13 is mad. Anyone with a 13-year-old knows that’s the age they should be kept off social media, not on it.”
Sadleir said the move should be welcomed because it starts an important conversation between parents and children about what age is appropriate for social media. “We know there will be workarounds, but at least it gets people talking,” she said.
She compared it to South Africa’s alcohol laws. “It’s like banning alcohol under 18; we know some teens will still get it, but it creates a social norm,” Sadleir said.
“At least society agrees that kids shouldn’t be drinking. Right now, parents face pressure because their children say they’re the only ones not on the app. No one wants their child left out, and that’s often why parents give in.”
Sadleir said the ban could help shift those norms. “If we can move towards the idea that social media isn’t appropriate for young kids, that would be a big win,” she said.
“I’m the first responder when things go wrong with children online in South Africa, and it’s going horribly wrong. The average age of first exposure to pornography is about nine years old. Children are scrolling TikTok and YouTube late into the night, and it’s damaging.”
A similar law could work in South Africa
She pointed to France, which is also tightening its rules. “They’re looking at digital curfews for teenagers—no social media between 22h00. and 06h00.”
“They’re also banning phones in schools and even proposing a new crime of ‘digital negligence’ for parents who let their children be raised by their devices. I think that’s brilliant,” she added.
However, Sadleir warned that teenagers will always find ways to circumvent restrictions. “When the UK introduced its Online Safety Act, VPN downloads shot up by 1,400% in a week,” she said.
“There will always be workarounds—fake IDs, old masks for facial recognition, whatever it takes.” Australia’s law provides companies with three options for verifying users’ ages: facial scanning, submitting official identification, or estimating age based on data.
“None of these are perfect, but at least governments are finally saying enough is enough. Our children are being exposed to toxic, addictive, and harmful content—especially on TikTok. I see it every day,” she said.
Sadleir also supports the idea of making companies, not children, responsible. “In South Africa, if a teenager buys alcohol, the teenager is breaking the law,” she said.
“In Australia, if a child accesses social media, it’s the company that’s in trouble. They can be fined up to 30 million Australian dollars. I love that — it forces the platforms to take responsibility.”
As for South Africa, Sadleir believes a similar legislation could work, and her firm has even begun drafting a proposal.
However, Sadleir warned that enforcement would be the biggest challenge. “I don’t think it would face serious constitutional hurdles. I think it would pass constitutional muster,” she said.
“The problem is international tech companies don’t take South African law seriously. When regulators ask WhatsApp, TikTok or Snapchat how they’re complying with POPIA, they don’t care.”
Until the government is willing to take a stronger stance, she said, enforcement will remain impossible.
“Unless South Africa is prepared to say, ‘If you don’t follow our laws, we’ll cut you off,’ these companies will just keep doing whatever they want.”
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